Troy Police Chief to testify at trial involving civil complaints

TROY -- Police Chief John Tedesco is expected to testify that his own department did not do enough to address civil complaints brought against officers in a trial that is set to begin next week.

According to legal documents filed with the U.S, District Court, Tedesco will testify he has tried to correct the flaws regarding the department's investigations in to civil complaints even though various city officials and members of the Police Department have voiced opposition.

He is to appear Feb. 28.

Tedesco could not be reached for comment as he is away on vacation.

Advertisement

The trial comes as a result of a lawsuit filed by James Foley, who said he was brutally beaten by several police officers in June of 2010. This occurred after pretending to take video and pictures of officers excessively beating Shakim Miller, a local rapper who was shot and killed last year in South Troy.

In the lawsuit, Foley said he never tried to physically interfere with the arrest of Miller but was merely documenting the event and the acts of public officials in a public space. He was charged with resisting arrest, obstructing governmental administration and third degree assault.

Foley said he was soon confronted by Officer Christopher Pollay, who soon beat him along with Officers Charles Castle, Joseph McNall and George Anderson and subsequently punctured his right lung, fractured his left ankle and inflicted other injuries. Tedesco was named in the lawsuit since he was considered their superior and allegedly failed to give the officers proper training as well as failing to address the complaint.

In April 2011, Foley was acquitted of all the charges brought against him. His attorney, Elmer Keach, did not return a request for comment.

Foley alleged in the lawsuit there have been numerous cases where misconduct of an officer has either not been investigated or "whitewashed."

Newly appointed Police Commissioner Anthony Magnetto said he was aware of the lawsuit and that it was set to begin next week but said he was not aware Tedesco would be testifying until he read about it on Friday.

Magnetto said he could not comment specifically on the case but said internal investigations in the department before he retired in 2011 were always very thorough. He added there were numerous cases where detectives would call the complainant but they would either fail to cooperate or not return phone calls.

"I've known us to be pretty diligent in investigations of complaints," Magnetto said. "If a complaint was made, it was investigated."

Councilwoman Nina Nichols, D-At Large, chair of the Public Safety Committee, said the issue will be discussed in executive session at the forthcoming Public Safety Committee meeting. She added, though, it is situations such as this were why she was glad the Police Objective Review Committee was created.

"Part of what they do is review what internal affairs does and report back to the mayor," Nichols said.